Section 127.543. Reopening an operating permit for cause by the EPA

(a) As required by the Clean Air Act and the regulations thereunder, if the Administrator of the EPA finds that cause exists to terminate, modify or revoke and reissue a permit, the Administrator of the EPA will notify the Department and the permittee of the findings in writing.

(b) The Department will, within 90 days after receipt of the notification, forward to the EPA a proposed determination of termination, modification or revocation and reissuance, as appropriate. The Administrator of the EPA may extend this 90-day period for an additional 90 days if the Administrator finds that a new or revised permit application is necessary or that the Department requires the permittee to submit additional information.

(c) As required by the Clean Air Act and the regulations thereunder, the Administrator of the EPA will review the proposed determination from the Department within 90 days of receipt.

(d) The Department has 90 days from receipt of an EPA objection to resolve an objection that the EPA makes and to terminate, modify or revoke and reissue the permit in accordance with the Administrator of the EPA’s objection.

(e) If the Department fails to submit a proposed determination under subsection (b) or fails to resolve an objection under subsection (d), the Administrator of the EPA will terminate, modify or revoke and reissue the permit after taking the following actions:

(1) Providing at least 30 days notice to the permittee in writing of the reasons for the proposed action. This notice may be given during the procedures in subsections (a)—(d).

(2) Providing the permittee an opportunity for comment on the Administrator of the EPA’s proposed action and an opportunity for a hearing.